OA16: Dump Trump?

In this week’s bonus episode, we tackle the breaking legal question of whether the RNC can legally replace Donald Trump as the Republican nominee for President, and if so, what the consequences would be.  You don’t want to miss this episode!

In our opening segment, we bring back a classic “Breakin’ (Down) the Law” by examining whether President Trump (unlikely as that may seem) can legally ban all Muslims from entering the U.S.  The answer may surprise you!

Finally, in our closing segment, we tackle a listener question from Daniel Andrew Duncan, who asks us to explain why you keep hearing that laws require 60 votes instead of a simple majority.

Show Notes & Links

  1. The relevant law that permits Trump to ban all Muslims from emigrating into the US is 8 USC § 1182(f).
  2. You can find the RNC Rules here.
  3. Here’s a link to the New Jersey Supreme Court’s decision in New Jersey Democratic Party v. Samson, 814 A.2d 1028 (2002); that’s the Torricelli/Lautenberg case.
  4. Here’s a link to all the states that have early voting.
  5. Finally, here’s a link to the “faithless elector” laws in 26 states.

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2 thoughts on “OA16: Dump Trump?”

  1. Excellent analysis, except for one point. The argument about faithless electors is moot in the case of Trump being replaced. Two practical possibilities exist: 1) Clinton wins 270 or more electoral votes, in which case none of this matters; 2) Trump and Trump’s replacement combined win 270 or more votes, but neither one alone has 270. In that case, the election would go the House of Representatives, where a majority of states have Republican-controlled delegations, and (presumably) Trump’s replacement would win. (Ditto for the VP pick, except that would be decided by the Republican-controlled Senate.)

    It would not be moot if the Democrats controlled a majority of House delegations or if it were the Democrats who were trying to replace their candidate, but neither of these situations obtain. (It would get even weirder if there were a Republican-controlled House and a Democratic Senate; then you might have a split with the president from one party and the veep from another. But again, that doesn’t obtain here.)

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